DOCKET NUMBER: AR20090000279
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 September 2005 to show the Bronze Star Medal, the Army Commendation Medal, the Army Achievement Medal, the Humanitarian Service Medal, and the Combat Action Badge.
2. The applicant states that he was issued orders for these awards but they were never recorded on his DD Form 214.
3. The applicant provides orders for the Bronze Star Medal, the Army Commendation Medal, the Army Achievement Medal, and the Combat Action Badge; a memorandum, dated 16 November 1997; and a copy of his DD Form 214 for the period ending 16 September 2005 in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 10 November 1981. He trained as an aircraft electrician and was released from active duty on 9 May 1985.
3. The applicant's DD Form 214 for the period ending 9 May 1985 shows the Army Service Ribbon, the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon with Numeral 1, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.
4. The applicant enlisted in the Army National Guard on 7 June 1985.
5. The applicant provided a copy of Headquarters, 207th Military Intelligence Group (CEWI) Permanent Orders 35-1, dated 9 September 1985, which show he received the Army Commendation Medal for meritorious service during the period 26 October 1983 to 9 May 1985.
6. The applicant was discharged from the Army National Guard on 6 June 1988. He reenlisted in the Army National Guard on 29 November 1988. He was ordered to active duty on 1 May 1992 in support of Operation Garden Plot and was released from active duty on 9 May 1992.
7. The applicant's DD Form 214 for the period ending 9 May 1992 shows the Army Service Ribbon, the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.
8. The applicant provided a copy of Headquarters, 1st Battalion 149th Armor Permanent Orders 04-11, dated 9 July 1994, which show he received the Army Achievement Medal for the period 10 August 1992 to 22 August 1992.
9. The applicant provided a memorandum, dated 16 November 1997, which states, in pertinent part, that he was awarded the Humanitarian Service Medal for participation in relief operations during the flooding of the Central Monterey and San Benito Counties during the period 4 January to 24 February 1997. The memorandum also states that the medal was approved by the Secretary of the Army.
10. The applicant was ordered to active duty on 15 November 2003 in support of Operation Iraqi Freedom. He served in Iraq from 15 March 2004 to 28 October 2004 and was released from active duty on 19 September 2005.
11. The applicant's DD Form 214 for the period ending 16 September 2005 shows the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Armed Forces Reserve Medal with "M" Device, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal as authorized awards.
12. Headquarters, 13th Corps Support Command Permanent Order 282-016, dated 8 October 2004, show the applicant received the Bronze Star Medal for the period 4 April 2004 to 10 September 2004.
13. Headquarters, Joint Force Headquarters Permanent Orders 173-406, dated 22 June 2006, show the applicant received the Combat Action Badge.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Bronze Star Medal, the Army Commendation Medal, the Army Achievement Medal, and the Combat Action Badge. Therefore, the applicant's DD Form 214 for the period ending
16 September 2005 should be corrected to show these awards.
2. The memorandum provided by the applicant which shows he was awarded the Humanitarian Service Medal, which was approved by the Secretary of the Army, is accepted as sufficient evidence on which to amend his DD Form 214 for the period ending 16 September 2005 to show this medal.
BOARD VOTE:
___x____ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze Star Medal, the Army Commendation Medal, the Army
Achievement Medal, the Humanitarian Service Medal, and the Combat Action Badge to his DD Form 214 for the period ending 16 September 2005.
_______ _ _x______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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